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To be recorded with Deed Records - O.RC. §317.08 ENVIRONMENTAL COVENANT This Environmental Covenant is entered into pursuant to Ohio Revised Code ("O.RC.") §§ 5301.80 to 5301.92 by Mayfield Village, Ohio ("the Owner"), having an address of 6622 Wilson Mills Road, Mayfield Village Ohio 44143, and the Ohio Environmental Protection Agency ("Ohio EPA"), as a non holder agency, for the purpose of subjecting certain property ("the Covenant Areas") to the activity and use limitations set forth herein. WHEREAS, the Owner is the owner in fee of certain real property, which contains the Covenant Areas and is situated in Cuyahoga County, Ohio, in the Beechers Brook (Chagrin River) watershed; WHEREAS, Mayfield Village, Ohio constructed a certain project on certain other real property, the Widening of State Route 91/SOM Center Road from Wilson Mills to White Road, also located in Cuyahoga County, Ohio ("the Project"), which the Project impacted certain surface water features located in and adjacent to the Project area and the approvals for vt-hich Project required that Mayfield Village, Ohio obtain a water quality certification pursuant to Section 401 of the Clean Water Act, 33 § 1344 from the Ohio EPA; WHEREAS, in order to mitigate such impacts on the jurisdictional streams residing within the Project area and as a condition of being issued the 401 water quality certification Ohio EPA ID No. 032819 {the "401 Certification") the Ohio EPA has required that Mayfield Village, Ohio protect the Covenant Areas in perpetuity with an Environmental Covenant; WHEREAS, to meet the conditions in the 401 Certification, Mayfield Village, Ohio has constructed and implemented the stream mitigation requirements contained in Mayfield Village, Ohio's 401 Certification dated May 21, 2003 at Paragraph III(a) in the Covenant Areas of the jurisdictional streams residing in and adjacent to the Project area; and EXHIBIT ~- -